Satendra Kumar Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 17550 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 10497 of 2023
                                           (SATENDRA KUMAR YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri B.K. Shukla - Advocate for appellant.

                                 Smt. Shakti Tripathi - Panel Lawyer for respondent/State.

Heard on I.A. 19734/2023, this is the first application for suspension of sentence and grant of bail filed under Section 389 (1) of Cr.P.C. on behalf of appellant Satendra Kumar Yadav.

The appellant has been convicted vide judgment dated 25.07.2023 passed by Special Judge (POCSO Act), 2012, Sidhi, District Sidhi in S.T. No.56/2019 and appellant has been found guilty for commission of offence punishable under Section 354 of IPC and sentenced to undergo RI for 3 years with fine of Rs.1000/- and under Section 7/8 of POCSO Act and sentenced to undergo RI for 3 years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. There are fair

chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of this appeal.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM

Looking to the facts and circumstances of the case and according to listing policy, the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant-Satendra Kumar Yadav s hall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the appeal for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM